Paid Educational Leave Convention, 1974 (No. 140) - Ukraine (Ratification: 2003)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 2 and 4 of the Convention. Implementation of a policy designed to promote the granting of paid educational leave. The Committee notes the Government’s report received on 14 August 2018 which largely reproduces the information included in its previous reports. The Government again refers to provisions of the national legislation which provide the procedures for granting paid educational leave and indicates that employers are not entitled to refuse to grant an employee paid educational leave. The length of the leave is distinguished by the type of educational institution, the form of study and the course taken by the employee. The Government indicates that a new Labour Code is being drafted, which aims to widen the guarantees for workers who study while continuing to work and specifies that employees elected in trade union bodies are to be granted additional paid leave for trade union training in accordance with the arrangements set out in the collective agreement.The Committee requests the Government to provide updated information on the implementation of a policy to promote the granting of paid educational leave for the purposes specified in Article 2 of the Convention (training at any level; general, social and civic education; trade union education) and to provide a copy of the new Labour Code once it has been adopted. The Committee reiterates its request that the Government indicate how this policy is coordinated with general policies on employment, education and training, and hours of work (Article 4).

Article 6. Participation of the social partners. The Government repeats its previous indication that the requirements of Article 6of the Convention are implemented when adopting regulatory and legal acts as legislation concerning socio-economic and labour rights may not be submitted for consideration by the Cabinet of Ministers of Ukraine or adopted without preliminary social dialogue.The Committee reiterates its request that the Government describe the manner in which public authorities, employers’ and workers’ organizations, and institutions providing education and training are associated with the formulation and implementation of the policy for the promotion of paid educational leave.

Part V of the report form. Practical and statistical information. The Government reports that inspections conducted in order to supervise the compliance of the labour legislation identified 395 violations in 2017 concerning the provisions on educational leave.The Committee requests the Government to provide detailed information on the nature of the recorded violations and to continue to provide information on the manner in which the Convention is applied in practice, including any extracts from reports, studies or inquiries, and available statistics, disaggregated by sex and age, on the number of workers granted paid educational leave.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 2 and 4 of the Convention. Implementation of a policy designed to promote the granting of paid educational leave. The Committee notes the Government’s report received on 14 August 2018 which largely reproduces the information included in its previous reports. The Government again refers to provisions of the national legislation which provide the procedures for granting paid educational leave and indicates that employers are not entitled to refuse to grant an employee paid educational leave. The length of the leave is distinguished by the type of educational institution, the form of study and the course taken by the employee. The Government indicates that a new Labour Code is being drafted, which aims to widen the guarantees for workers who study while continuing to work and specifies that employees elected in trade union bodies are to be granted additional paid leave for trade union training in accordance with the arrangements set out in the collective agreement. The Committee requests the Government to provide updated information on the implementation of a policy to promote the granting of paid educational leave for the purposes specified in Article 2 of the Convention (training at any level; general, social and civic education; trade union education) and to provide a copy of the new Labour Code once it has been adopted. The Committee reiterates its request that the Government indicate how this policy is coordinated with general policies on employment, education and training, and hours of work (Article 4).

Article 6. Participation of the social partners. The Government repeats its previous indication that the requirements of Article 6 of the Convention are implemented when adopting regulatory and legal acts as legislation concerning socio-economic and labour rights may not be submitted for consideration by the Cabinet of Ministers of Ukraine or adopted without preliminary social dialogue. The Committee reiterates its request that the Government describe the manner in which public authorities, employers’ and workers’ organizations, and institutions providing education and training are associated with the formulation and implementation of the policy for the promotion of paid educational leave.

Part V of the report form. Practical and statistical information. The Government reports that inspections conducted in order to supervise the compliance of the labour legislation identified 395 violations in 2017 concerning the provisions on educational leave. The Committee requests the Government to provide detailed information on the nature of the recorded violations and to continue to provide information on the manner in which the Convention is applied in practice, including any extracts from reports, studies or inquiries, and available statistics, disaggregated by sex and age, on the number of workers granted paid educational leave.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 2 and 4 of the Convention. Implementation of a policy designed to promote the granting of paid educational leave. The Committee notes the Government’s report received in September 2013, which includes detailed information in reply to its previous direct request. The Government again refers to provisions of the national legislation and indicates that employers are not entitled to refuse to grant an employee paid educational leave. The length of the leave is distinguished by the type of educational institution, the form of study and the course taken by the employee. The Government reports that a total of 4,089 students were enrolled in higher educational institution evening courses and 860,498 students in distance learning courses. Moreover, inspections conducted in order to supervise the compliance of the labour legislation identified ten violations in 2012 concerning the provisions on educational leave and labour inspectors identified five violations relating to education leave in the first half of 2013. The Committee invites the Government to provide updated information on the implementation of a policy to promote the granting of paid educational leave for the purposes specified in Article 2 of the Convention. Please also indicate how this policy is coordinated with general policies on employment, education and training, and hours of work (Article 4). The Committee also invites the Government to continue to provide information on the manner in which the Convention is applied in practice, including any extracts from reports, studies or inquiries, and available statistics on the number of workers granted paid educational leave (Part V of the report form).

Article 6. Participation of the social partners. The Government indicates that the requirements of Article 6 of the Convention are implemented when adopting regulatory and legal acts as legislation concerning socio-economic and labour rights may not be submitted for consideration by the Cabinet of Ministers of Ukraine or adopted without preliminary social dialogue. The Committee invites the Government to describe the manner in which public authorities, employers’ and workers’ organizations, and institutions providing education and training are associated with the formulation and implementation of the policy for the promotion of paid educational leave.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the Government’s report received in August 2010, which includes information in reply to its previous direct requests, and a list of laws and regulations applying issues related to paid educational leave.

Article 2 of the Convention. Formulation and application of a policy designed to promote the granting of paid educational leave. The Government indicates that paid educational leave is provided in accordance with procedures established by the national legislation. The Government also indicates that the right to educational leave shall be provided to the citizens of Ukraine who are engaged in employment relationships with undertakings, establishments or organizations regardless of their form of ownership, the branch of activity and the economic sector, as well as to the workers employed by a person under a contract of employment. The Labour Code provides that vocational training and skill upgrading of the workers will be authorized by the employer who shall organize the individual, collective or any other occupational training at the cost of the enterprise, organization or establishment. It also provides that during this period of training, skill upgrading or re-training, the workers shall be paid their wages and salaries in accordance with the procedure and in the amounts established by the national legislation. Furthermore, the Government indicates that all days of educational leave are paid in accordance with the terms and conditions contained in the Rules for calculating the average wage. The Committee notes that the period of paid educational leave is assimilated to the period of effective service and is taken into account as the length of service. The Committee notes however that the Government does not describe the respective policy designed to promote the granting of paid educational leave. The Committee invites the Government to describe in its next report its policy to promote the granting of paid educational leave for the purposes specified in the Convention.

Article 6. Association of governmental institutions, other bodies and the social partners. The Government reports that the Final Provisions of the General Agreement between the Cabinet of Ministers of Ukraine, the Association of Employers and Entrepreneurs Organizations of Ukraine, and the Trade Union Federation of Ukraine for 2008–09 provide that the elaboration of draft legislative texts related to economic, labour and social protection issues should be conducted with the participation of the employers’ and workers’ organizations of Ukraine which are the parties to the Agreement, in accordance with the procedure corresponding to the provisions of the Consultation (Industrial and National Levels) Recommendation, 1960 (No. 113). The Government further indicates that consideration and adoption by the Cabinet of Ministers of Ukraine of the legal texts relating to the social, economic and labour rights and interests of workers and employers without preliminary social dialogue shall not be admitted. The Committee invites the Government to indicate in its next report how social dialogue is used in the formulation and application of the policy for the promotion of paid educational leave.

Part V of the report form. Practical and statistical information. The Government reports that inspections conducted in order to supervise the compliance of the labour legislation did not allow the discovery of significant violations relating to the compliance with the standards of the Convention. In 2009, inspections were held at 43,486 undertakings and 36 minor violations relating to the provisions of paid educational leave were discovered. Furthermore, following a statistical survey the Government indicates that the total level of absenteeism of workers related to educational leave and other reasons, registered at the Ministry of Justice of Ukraine on 11 January 2008, amounts to 14,230,226 working hours. According to the data of the Ministry of Education and Science of Ukraine, the total number of students engaged in evening classes at higher educational establishments amounts to 11,121 persons, and 12,020,621 persons in correspondence courses. The Government also states that there is no record of a specific number of workers provided with paid educational leave. The Committee invites the Government to continue to provide information on the manner in which the Convention is applied in practice, including any extracts from reports, studies or inquiries, and available statistics.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s report received in July 2009, which largely reproduces the information included in its 2005 and 2008 reports. The Committee asks the Government once again to send copies of the legislative and regulatory texts which give effect to Convention No. 140.

1. Article 2 of the Convention. Formulation and application of a policy designed to promote the granting of paid educational leave. The Committee recalls that the Labour Code provisions cited by the Government in its first report received in 2005 did not establish any “policy” designed to promote the granting of paid educational leave within the meaning of the Convention. The Committee asks the Government to indicate whether a policy has been formulated to promote the granting of paid educational leave for the purpose of occupational training at any level and also for the purpose of trade union education.

2. Article 6. Association of governmental institutions, other bodies and the social partners. Please indicate the manner in which the public authorities, employers’ and workers’ organizations, and institutions or bodies providing education or training are associated with the formulation and application of the policy for the promotion of paid educational leave.

3. Part V of the report form. Practical and statistical information. Please provide information on the manner in which the Convention is applied in practice, including any extracts from reports, studies or inquiries and any statistics available on the number of workers granted paid educational leave.

[The Government is asked to reply in detail to the present comments in 2010.]

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the report received in August 2008, which reproduces the information covered by the direct request of 2006. The Committee requests the Government once again to send copies of the legislative and regulatory texts which give effect to Convention No. 140.

1. Article 2 of the Convention. Formulation and application of a policy designed to promote the granting of paid educational leave. The Labour Code provisions cited by the Government in its report received in 2005 did not establish any “policy” designed to promote the granting of paid educational leave within the meaning of the Convention. In this regard, the Committee refers to paragraph 327 of its General Survey of 1991, which states that such a policy presupposes that the public authorities have decided upon a specific course of action that necessarily involves authorities and bodies for a certain length of time. The Committee requests the Government to indicate whether a policy has been formulated to promote the granting of paid educational leave for the purpose of occupational training at any level and also for the purpose of trade union education.

2. Article 6. Association of governmental institutions, other bodies and the social partners. Please indicate the manner in which the public authorities, employers’ and workers’ organizations, and institutions or bodies providing education or training are associated with the formulation and application of the policy for the promotion of paid educational leave.

3. Part V of the report form. Practical and statistical information. Please provide information on the manner in which the Convention is applied in practice, including any extracts from reports, studies or inquiries and any statistics available on the number of workers granted paid educational leave.

[The Government is asked to reply in detail to the present comments in 2009.]

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s first report on the application of the Convention. It requests the Government to provide, as soon as possible, a copy of the Act on absence and leave and a copy of Decree No. 634 of 28 June 1997 adopting the procedure, terms and conditions for the granting of educational leave to workers who study in the evenings and on long-distance courses, so as to enable it to examine the level of application of the Convention.

1. Article 2 of the Convention. Formulation and application of a policy designed to promote the granting of paid educational leave. The Labour Code provisions cited by the Government do not appear to establish any “policy” aimed at promoting the granting of paid educational leave within the meaning of the Convention. In this regard, the Committee refers to paragraph 327 of its 1991 General Survey, which states that such a policy presupposes that the public authorities have decided upon a specific course of action that necessarily involves authorities and bodies for a certain length of time. The Committee would be grateful if the Government would indicate the measures taken or envisaged, or whether a policy has been formulated, to promote the granting of paid educational leave for the purpose of occupational training at any level, as well as for the purpose of trade union education.

2. Article 6. Association of governmental institutions, other bodies and the social partners. The Committee asks the Government to indicate the manner in which the public authorities, employers’ and workers’ organizations, and institutions or bodies providing education or training are associated with the formulation and application of the policy for the promotion of paid educational leave.

3. Part V of the report form. Practical and statistical information. The Committee requests the Government to provide information on the manner in which the Convention is applied in practice, including any extracts from reports, studies or inquiries, and statistics on the number of workers granted paid educational leave.